106 N.C. 734
Supreme Court of North Carolina
Decided February 15, 1890
Supreme Court of North Carolina · decided 1890-02-15
This was an ikdictment for the larceny of a sheep, tried at Spring Term, 1890, of Watauga Superior Court, before Bynum, J. The only exception taken in the case was to the charge of the Court as to the sufficiency of the-evidence as to the asportation. The evidence as to this point was by one Alex.
Cited by 2 later decisions — most recently May 1960
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1890-02-15
View the full empirical analysis of this case →
¶1We are very clearly of the opinion that there was ample testimony to go to the jury upon the question of asportation. It is sufficient if the sheep were removed from the flock and were, even for an instant, under the control of the felon. State v. Green, 81 N. C, 561; State v. Jackson, 65 N. C., 305.
¶2The testimony strongly tended to show these facts, and his Honor very properly refused to give the instruction asked for by the defendant.
¶3Affirmed.